While at the dealership, the plaintiff says he was told that many Mars Red vehicles had come into the dealership with the same paint problems, but the value of his vehicle would not diminish as a result of the repainting because the repainting would not show up on CarFax.com.
Ponzio claims he has followed up with the dealer but still has not heard from anyone about his repainting options.
Another plaintiff, Karina Kloczko, purchased a new 2014 Mars Red C350. In June 2017, she noticed the clear coat was bubbling, peeling and/or flaking. She claims a dealer told her the paint was defective, but it would take at least six months to repaint the vehicle because of the number of other Mercedes vehicles needing new paint jobs.
She then took the C350 to a repair facility where the vehicle was repainted at a cost of $10,000 paid by Kloczko's insurance company. It also allegedly took about a month of her going without her vehicle while waiting for it to be painted.
The plaintiff says she brought her vehicle to CarMax to get it appraised. CarMax significantly reduced the value because of “Prior Paintwork” and/or “Needs Paintwork” on multiple parts of her vehicle.
That same day, the plaintiff says she visited autotrader.com for an appraisal and received a significantly reduced “Kelley Blue Book Instant Cash Offer” that categorized the repainting of the various parts as “Serious Conditions.”
According to the lawsuit, Mercedes makes a big deal out of the paint jobs used for its vehicles.
“Scratch Resistant Clearcoat (SRC) uses ‘nano-paint technology’ [composed] of microscopic ceramic particles that make it extremely durable and remarkably protective of the color coat beneath. This is particularly beneficial in protecting against swirl marks, minor scratches and even many chemical contaminants.”
However, the plaintiffs allege degradation of the coatings can be caused by defective materials used for Mars Red paint or caused by improper application to the vehicles, resulting in accelerated degradation between the clear coat and basecoat. The paint will lose adhesion and start peeling, which is what the plaintiffs allege occurs to the red paint.